Terms & Conditions
1. DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 12;
(b) GGF: Glass and Glazing Federation (of which We are a member) of 54 Ayres Street, London, SE1 1EU;
(c) Goods: the Goods (or any part of them) set out in the Order .
(d) Guarantee Document: the guarantee document attached to these Terms;
(e) Order: Your order for the Goods and/or Services;
(f) Services: the services that We are providing to You as set out in the Order;
(g) Subject Property: has the meaning given in clause 7.3;
(h) Terms: the terms and conditions set out in this document;
(i) We/Our/Us: Renaissance Window Systems Ltd, Company Registration Number 06561003, Unit 15 Heaton Estate, Bradford Road, Bailiff Bridge, Brighouse, West Yorkshire HD6 4BW; and
(j) You/Your: means the customer named in the Order.
1.2 Construction. In these Terms, the following rules apply:
(a) Person includes a natural person, corporate or unincorporated body (whether or not having sepa- rate legal personality;
(b) A reference to a party includes its personal representatives, successors or permitted assigns;
(c) Reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute
or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
(e) A reference to writing or written includes e-mails (unless We inform You otherwise).
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to You.
These Terms apply to the contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
2.2 Please ensure that You read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before You confirm the Order. You are responsible for ensuring that the terms of the Order and any applicable specification are complete and accurate.
2.3 When You submit the Order to Us, this does not mean We have accepted Your order for Goods and/or Ser vices.
Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply You with the Goods and/or Services, We will inform You of this and We will not process the Order.
2.4 These Terms will become binding on You and Us when We issue You with a written acceptance of an Order, which will be in the form of an order acknowledgement sent via email, at which point a contract (Contract) will come into existence between You and Us. We may need to carry out a survey before we can accept Your Order, please see clause 6 for further details.
2.5 We shall assign a quotation number to each quotation that We issue to You. When we confirm Your Order, the order number shall be the same as the quotation number to which that Order relates. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 The Contract created constitutes the entire agreement between Us. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by Us or on Our behalf which is not set out in the Order or these Terms.
2.7 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unfortunately, while We may agree to accept orders from addresses outside the UK mainland We do not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland) and do not have servicing engineers operating in these areas.
We may agree to accept orders from addresses outside the UK mainland We do not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland) and do not have servicing engineers operating in these areas.
2.8 The images of the Goods on Our website and in Our catalogue or brochure or any other literature are for illustrative purposes only and do not form part of the Contract or have contractual force. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because Our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated in Our catalogue are subject to normal manufacturing tolerances.
2.9 You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with any claim made against Us: (i) for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the use of any specification provided by You; or (ii) for the supply of defective goods pursuant to the Consumer Protection Act 1987, where the defect arises as a result of: Us following Your design and/or specification for the Goods; the incorrect installation of the Goods by You or any third party; and/or a design and/or installation fault in the subsequent product of which the Goods form part. This clause 2.9 shall survive termination of the Contract.
2.10 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
3. DELIVERY OF GOODS
3.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and Your address. We do not accept orders from or deliver to addresses outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland).
3.2 After We have accepted Your Order We will issue You with an order acknowledgement which will confirm the estimated delivery date, If payment of a deposit is required, We will contact You with an estimated delivery date after We have received payment of the deposit from You in cleared funds. If We do not deliver the Goods to You on that date, We will contact You to arrange a new estimated delivery date. Occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.
3.3 Delivery of an Order shall be completed when We deliver the Goods to the address You gave Us and the Goods will be Your responsibility from that time. We are not responsible for taking the Goods inside any property.
3.4 If We fail to deliver the Goods, Our liability shall be limited to the costs and expenses incurred by You in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by an Event Outside Our Control or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.5 If You fail to take delivery of the Goods within 3 working days of Our first attempted delivery, then, except where such failure or delay is caused by an Event Outside Our Control or Our failure to comply with Our obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed at 9:00 am on the third working following Our first attempted delivery; and
(b) We shall store the Goods until delivery takes place, and charge You for all related costs and expenses (including insurance).
3.6 If 10 working days after the day on which We notified You that the Goods were ready for delivery You have not taken delivery of them, We may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to You for any excess over the price of the Goods or charge You for any shortfall below the price of the Goods.
3.7 We may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment
4. TITLE
4.1 Title to the Goods shall not pass to You until receipt by Us of payment in full (in cash or cleared funds) for the Goods and any other goods that We have supplied to You, in which case title to the Goods shall pass at the time of payment of all such sums .
4.2 Until title to the Goods has passed to You, You shall:
(a) store the Goods separately from all other goods held by You so that they remain readily identifiable as Our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify Us immediately if You become subject to any of the events listed in clause 11.1(b) to 11.1(m); and
(e) give Us such information relating to the Goods as We may require from time to time.
4.3 If before title to the Goods passes to You, You become subject to any of the events listed in clause 11.1(b) to 11.1(m) then, without limiting any other right or remedy We may have:
(a) Your right to resell the Goods or use them in the ordinary course of Your business shall cease immediately; and
(b) We may at any time:
(i) require You to deliver up all Goods in Your possession which have not been resold, or irrevocably incorporated into another product; and
(ii) if You fail to do so promptly, enter Your premises or the premises of any third party where the Goods are stored in order to recover them.
5. PROVIDING SERVICES
5.1 We will supply the Services to You from the date set out in the Order until the estimated completion date set out in the Order.
5.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 12 ` for Our responsibilities when an Event Outside Our Control happens.
5.3 We may need certain information from You that is necessary for Us to provide the Services. We will contact You about this. If You do not, after being asked by Us, provide Us with such reasonable information that We require to carry out the Services, or You provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked for it.
5.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between You and Us in writing to the Services. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency. If we suspend the Services under this clause 5.4 You do not have to pay for the Services while they are suspended under this clause 5.4 but this does not affect Your obligation to pay for any invoices We have already sent You.
5.5 If You do not pay Us for the Services when You are supposed to as set out in clause 9, without prejudice to any other rights We may have, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts.
5.6 If We design the Goods for You, We will own the copyright, design right and all other intellectual property rights in the Goods
and any drafts, drawings or illustrations We make in connection with the Goods for You.
6. SURVEY
6.1 If We decide Wen need to carry out a survey, We will carry out the survey as soon as possible after the agreement (subject to survey) of a quotation. Following completion of the survey, We will either accept Your Oder or provide You with a revised quotation for Your consideration.
6.2 If You place an order with Us to supply the Goods but not to install them, regardless of whether We have carried out a survey, You accept it is Your responsibility to ensure that the measurements and dimensions of the Goods specified in the Order are correct and accurate and You agree that We shall have no liability in respect of any incorrect dimensions and/or measurements.
7. INSTALLATION
7.1 If Our Services include installation of the Goods, Our Order acknowledgement will contain an anticipated start date for installation of the Goods. If We are unable to start installation by the anticipated start date, (unless caused by an Event Outside Our Control) We will contact you via telephone or email with a new anticipated start date.
7.2 If we are installing the Goods, We shall ensure that they are installed in accordance with the relevant Building Regulations, British and European standards, or, where these do not exist, with FENSA standards.